Section 31-51q

Citation: Section 31-51q
Parent Document: Cotto v. United Technologies Corp., 251 Conn. 1 (1999)
Jurisdiction: Connecticut (state)
Effective Date: 1999-10-12
Original Source: https://www.courtlistener.com/opinion/7898264/cotto-v-united-technologies-corp/ ↗

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In the present case, the nub of the plaintiffs allegation of employer misconduct implicating his first amendment rights is that “[o]n or about April 22, 1991, the *18defendants, acting through their management personnel, distributed American flags to employees in the plaintiffs department and it was expected that all employees would display American flags at their workstations.”10 Significantly, the plaintiff has not alleged that: (1) he was directed to manifest his patriotism by saluting the flag or otherwise affirming his allegiance thereto; (2) he was directed to affix the flag to his person or to his private property; or (3) he was indirectly directed to associate himself with the symbolism of the flag because the location of his workstation was such that members of the public, or his fellow employees, reasonably could have attributed that symbolism to him personally. In an appeal from the granting of a motion to strike, we must read the allegations of the complaint generously to sustain its viability, if possible; Parsons v. United Technologies Corp., 243 Conn. 66, 68, 700 A.2d 655 (1997); but even a generous instruction does not permit stretching the plaintiffs complaint to include these missing allegations.

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